UAE Trends and Developments Contributed by: Sujan Malhotra and Vaidehi Kolhe, Ship Law Sea FZ LLE
Introduction The UAE has continued to consolidate its position as a preferred jurisdiction for maritime and commercial dispute resolution in the Middle East, and increas - ingly on the global stage. Over the last year, both the volume and complexity of maritime disputes have risen steadily, driven by volatile freight markets, sup - ply chain disruption, financial stress among trading entities and heightened regulatory enforcement. This evolution is taking place against the backdrop of the UAE’s growing importance as a shipping nation, now ranking 12th globally by ship ownership value. Courts in the UAE have demonstrated increasing confidence in handling technically complex maritime disputes, while arbitration seated in the UAE has ben - efited from strong and consistent judicial support, par - ticularly in relation to interim relief and enforcement. An increasing number of stakeholders are selecting UAE courts – both Dubai International Financial Cen - tre (DIFC) and Mainland courts – as their preferred forum and governing law, primarily due to the speed of resolution and the effectiveness of enforcement mechanisms. For claimants, the UAE remains an attractive forum for asset-driven enforcement strategies, including vessel arrest and precautionary attachments. For respondents, the evolving jurisprudence underscores the importance of early procedural engagement and proactive litigation risk management. These developments follow the introduction of Federal Decree-Law No 43 of 2023 (the “New Maritime Code”), which replaced the UAE’s 40-year-old maritime law regime and modernised the ship arrest framework. The legal landscape has been further strengthened through statutory reforms and the ratification of key international conventions, including the Nairobi Inter - national Convention on the Removal of Wrecks 2007 (“WRC 2007”) and the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (“OPRC 1990”), as well as the promulgation of the Ship Recycling Regulation (SRR). Federal Decree-Law No 20 of 2025, amending the Commercial Companies Law, has introduced sig - nificant corporate reforms impacting maritime busi -
nesses. These reforms enhance structural flexibility for ship-owning entities and maritime investors. Together, these measures signal the UAE’s ambition to operate as a globally recognised maritime and dispute resolu - tion hub. This article highlights recent trends in the UAE legal system, with a particular focus on maritime disputes, enforcement and the broader regulatory environment. UAE Mainland Courts Exclusive authority of arbitral tribunals to grant interim measures In Appeal No 657 of 2025, the Dubai Court of Cassa - tion issued a landmark ruling affirming the exclusive authority of arbitral tribunals to issue interim and pre - cautionary measures, including anti-suit injunctions. The dispute arose after an ICC arbitral tribunal issued an interim order restraining a party from commencing court proceedings in relation to matters governed by a memorandum of understanding subject to arbitra - tion. The Dubai Court of Appeal initially set aside the anti-suit injunction, holding that it infringed the con - stitutional right of access to justice. The Court of Cassation reversed that decision, hold - ing that arbitral tribunals are empowered under UAE law to issue interim measures during the pendency of arbitration proceedings, and that only the tribunal itself has jurisdiction to modify, suspend or revoke such measures. The Court found that the Court of Appeal had erred by assuming jurisdiction to revoke the tribunal’s order. This decision reinforces the autonomy of arbitral tribu - nals seated in the UAE and aligns the Mainland courts with international best practice, further strengthening the UAE’s reputation as a pro-arbitration jurisdiction. Maritime Debts and Vessel Arrests Under the New Maritime Code Recent case law illustrates the Mainland courts’ care - ful application of the maritime debt requirement under the New Maritime Code. In Execution No 5413/2023/209, the Dubai Court ordered the lifting of an attachment over a vessel
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